City Attorney: Fort Lauderdale's Opening Prayer A-ok With The Courts

September 1, 2009|Posted by Brittany Wallman on September 1, 2009 11:00 AM

The city of Fort Lauderdale is looking into one jogger's question about the presence of the Ten Commandments, from the Old Testament of the Bible, on a monument at a city park. But in a related matter, the city says there's no question the prayers that open City Commission meetings are legal and constitutional.

(Click here for memory refresher about the Ten Commandments monument at War Memorial Auditorium).

Occasionally, people are surprised by the prayer and wonder aloud whether it's a violation of the U.S. Constitution's prohibition on a government establishment of religion, often given the shorthand of "the establishment clause,'' or, of course, "separation of church and state.'' (We know there are some other important clauses in that First Amendment. ... )

In city attorney Harry Stewart's words, "The prayer is just fine.'' (Click here for one of the prayers that was given.)

The matter of opening government meetings with prayer has been upheld by the U.S. Supreme Court, Stewart noted, citing the 1983 case of Marsh v. Chambers, where the court said it was OK for a chaplain paid with tax dollars to open the Nebraska state Legislature sessions with a a Judeo-Christian prayer. Congress opens its sessions with prayer, Stewart also noted.

The high court found that "[T]here can be no doubt that the practice of opening legislative sessions with prayer has become part of the fabric of our society. To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an ?establishment? of religion or a step toward establishment.' "

Fort Lauderdale's meetings are opened with non-denominational prayers. Click here for the guidelines. One of them says the person praying must use "universal, inclusive terms for the deity rather than proper names for divine manifestations. Some opening ascriptions are: "Mighty God," "Our Maker," "Source of All Being," or "Creator and Sustainer." Possible closing words include "Hear Our Prayer," "In Thy Name," or simply "Amen."

Read about another court case on the jump, in which someone sued a city over the requirement that the prayers be non-denominational. And click here to read an interesting prayer given at a Lauderdale Lakes city meeting.

Stewart cited another opinion, in 2008, upholding a city's requirement that prayers be non-denominational.

That case was Turner v. the city council of the city of Fredericksburg, Virginia. Turner was on the city council, and was a reverend. After his colleagues passed a new policy that prayers be non-denominational, Turner refused to pray because he didn't want to leave out Jesus's name. He sued, but the courts ruled in favor of the city, saying Turner's rights were not violated.

The court ruled that "the restriction that prayers be nonsectarian in nature is designed to make the prayers accessible to people who come from a variety of backgrounds, not to exclude or disparage a particular faith. The Council's decision to open its legislative meetings with nondenominational prayers does not violate the Establishment Clause.''